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What is Esparza v. State of Utah Habeas Appeal about?
George Esparza filed a habeas corpus petition challenging his conviction in absentia for domestic battery in Utah state court. The district court dismissed the petition for lack of jurisdiction for two reasons: 1) Esparza is not "in custody" as required by the habeas statute since he has not been sentenced; and 2) he failed to exhaust state court remedies by not appealing his conviction after sentencing. The appellate court agrees that Esparza is not "in custody" and did not exhaust state remedies, so it de
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